Author Topic: My House  (Read 6400 times)

Offline Flt Simulation

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Re: My House
« Reply #15 on: January 01, 2009, 10:02:18 AM »
Colin ...

Your absolutly right.

If for some reason your wife dies before you, the property will go into your name (or your childrens name if you were to die too).

But, I have read where that after it goes into your name upon your wifes untimely death, you are then given a \"reasonable\" amount of time to dispose (sell) the property.

What is a reasonable amount of time?

Again, a foreigner can\'t own real property, but can own it for a certain amount of time under the Philippine succession laws. Talk to your lawyer about this \"reasonable\" amount of time you will have to then sell/dispose  it.

Ron,
Out of Stock Sir !

Offline ricemannv

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Re: My House
« Reply #16 on: January 01, 2009, 11:00:36 AM »
http://www.philippine-embassy.org.sg/index.cfm?GPID=11

The first 2 paragraphs make it clear about foreigners and land ownership
in The Philippines.







Foreigners Owning Philippine Land



Only Filipino citizens and corporations and associations at least 60% of
whose capital is owned by Filipinos may acquire private lands.



Foreigners are allowed to purchase a condominium unit, provided that
total foreign ownership of the condominium corporation does not exceed
40%. They may also inherit real property from their deceased Filipino
spouses or parents.



Children born to a Filipino parent, whether legitimate or illegitimate,
may inherit the property o the Filipino parent, even if the child is not
a Filipino citizen.



Filipinos who lost their Filipino citizenship will remain the owners of
any property they have acquired before changing nationalities. On the
other hand, a natural-born Filipino citizen who has lost his Philippine
citizenship may be a transferee of private land, subject to the
following limitations and conditions:



Land Ownership by Former Filipinos in the Philippines



Natural-born Filipinos who have acquired foreign citizenship are
entitled to own or acquire lands in the Philippines.

Article XII, Section 8, of the Philippine Constitution provides that a
natural born citizens of the Philippines who has lost his or her
Philippine citizenship may be a transferee of private lands, subject to
limitations provided by law.

Section 7 of the same Article entitles former Filipinos to own and
acquire lands through hereditary succession, i.e. by virtue of
inheritance.



GOVERNING LAWS ON LAND OWNERSHIP BY FORMER FILIPINOS



The laws on land ownership by natural-born Filipinos who have lost their
Philippine citizenship are governed by Batas Pambansa Blg. 185 (BP 185),
which was enacted in March 1982, and Republic Act 8179 (RA 8179), which
amended the Foreign Investment Act of 1991.

BP 185 stipulates the guidelines on land ownership by former Filipinos
for purposes of establishment of residence while RA 8179 (Section 10)
specifies entitlements and conditions for land acquisition for
investment purposes. The acquisition or transfer of private lands refers
to either voluntary or involuntary sale, devise or donation. Involuntary
sales include sales on tax delinquency, foreclosures, and execution of
judgment.

The following are the provisions of BP 185 and RA 7042, as amended by RA
8179, pertinent to land ownership by former Filipinos:




PARTICULARS

PROVISIONS UNDER BP 185 (Applies to acquisition of land for purposes of
residence)

PROVISIONS UNDER RA 7042 AS AMENDED BY RA 8179 (Applies to acquisition
of land for purposes of business or commerce)

Size/Area Coverage

* Maximum of 1000 sq. meters for urban land
* Maximum of one (1) hectare for rural land

* Maximum of 5000 sq. meters for urban land
* Maximum of three (3) hectares for rural land

Land Acquisition for Both Spouses

* Either of the spouses may avail of this privilege
* In case both spouses wish to acquire lands for this purposes, the
total area acquired should not exceed the maximum

* Either of the spouses may avail of this privilege
* In case both spouses wish to acquire lands for this purposes, the
total area acquired should not exceed the maximum

Additional Land Acquisition

In case he/she already owns urban or rural lands for residential
purposes, he/she may acquire additional urban or rural lands, which when
added to those he/she presently owns shall not exceed the authorized
maximum area.

In case he /she already owns urban or rural lands for business purposes,
he/she may acquire additional urban or rural lands which when added to
those he/she presently owns shall not exceed the authorized maximum
area.

Limits to Acquisition of Land

* A person may acquire not more than two (2) lots which should be
situated in different municipalities or cities anywhere in the
Philippines, provided that the total area of those lots do not exceed
1,000 sq. meters for urban land or one (1) hectare for rural land for
use as residence.
* An individual who has already acquired urban land shall be
disqualified from acquiring rural land and vice versa.

* A person may acquire not more than two (2) lots which should be
situated in different municipalities or cities anywhere in the
Philippines, provided that the total area of those lots do not exceed
5,000 sq. meters for urban land or three (3) hectares for rural land for
use as residence.
* Under Section 4 of Rule XII of the Implementing Rules and
Regulations of RA 704 as amended by RA 8179, a transferee who has
already acquired urban land shall be disqualified from acquiring rural
land and vice versa. However, if the transferee has disposed of his
rural land, he may still acquire rural land and vice versa, provided
that this will be used for business.
* A transferee of residential land acquired under Batas Pambansa Blg.
185 may still avail of the privilege granted under this law.

Use of Land

The acquired land should not be used for any purpose other than for
his/her residence

Section 5 of Rule XII specifically states that \"the land should be
primarily, directly and actually used in the performance or conduct of
the owner\'s business or commercial activities in the broad areas of
agriculture, industry and services including the lease of land but
excluding the buying or selling thereof.

Special Requirements

In addition to the requirements provided for in other laws for the
registration of titles to lands, the transferee should submit to the
Register of Deeds of the province or city where the property is located
a sworn statement showing the following:

* Date and place of birth
* Names and addresses of his/her parents, his/her spouse, and
children, if any;
* The area, location, and mode of acquisition of his/her landholdings
in the Philippines, if any;
* His/her intention to reside permanently in the Philippines;
* Date he/she lost his/her Philippine citizenship and the country of
which hw/she is presently a citizen.

In addition to the usual registration requirements pertinent to the
conveyance of real estate, the transfer contemplated shall not be
recorded unless the transferee submits to the Registry of Deeds of the
province or city where the land is situated, the following:

* Certification of business registration issued by the Bureau of
Trade Regulation and Consumer Protection of the Department of Trade and
Industry;
* Sworn statement same as that in BP 185;
* Certification from the assessor of the municipality or province
where the property is situated that the subject land for transfer is in
an urban or rural area;
* If an agricultural land is acquired, a certification from the
Department of Agrarian Reform that the land is a retained area of the
transferor and an affidavit of the transferee attesting that his total
landholdings inclusive of the land to be acquired does not exceed the
5-hectare limit fixed by RA 6657 (the Comprehensive Agrarian Reform Act
- CARP).






REQUIREMENTS FOR LAND REGISTRATION OR ORIGINAL CERTIFICATE OF TITLE
(JUDICIAL TITLING)



1. The application for land registration should be filed in
triplicate with the Clerk of the Regional Trial Court of the
province/city where the property is located. The following documents
should be attached to the application:



1. Original plan on tracing cloth duly approved by the Director of
Lands or Regional Land Director, or in lieu thereof, a true copy of the
same on a tracing cloth properly attested and certified by said Office
or official authorized to make such certification, together with two (2)
print copies thereof;



1. Technical description, three (3) copies Surveyor\'s
certificate, three (3) copies Certificate of the assessed value of the
property issued by the provincial treasurer, in quadruplicate.



REQUIREMENTS FOR LAND TRANSFER OR TRANSFER CERTIFICATE OF TITLE



The following documents are required for the filing of land transfer:



1. Copies of the Deed of Absolute Sale
2. Latest real estate tax payments
3. Latest tax declaration of the property
4. Certificate from the Bureau of Internal Revenue that the capital
gains tax and documentary stamps have been paid
5. Transfer tax
6. Receipt of payment of the transfer and registration fees

Offline Manila Cockney

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Re: My House
« Reply #17 on: January 01, 2009, 01:20:11 PM »
Here is the real problem building a fairly expensive house in this country .... If you ever want to sell it, where is the buyer? ... Your average Filipino don\'t have the money, and the rich Filipinos that do in fact have that kind of money will normally build an expensive house to there specs and not want a house built for someone else. There becomes the problem that has few answers!

Hey folks ... I don\'t mean to highjack this thread by any means



Of course you are correct in this regard.  I don\'t think I could sell my house for anything near what I paid for it.  I have known some Filipinos who loaned their large homes to the bank and then simply walked away with no intension of repaying.  That was about all they were going to get out of them.

The one exception may be a house in Forbes Park or Dasirminas Village in Quezon City or somewhere like that, but I don\'t really know for sure.


This depends on location, if you build a house totally out of line with the other houses in the area you will have trouble selling it. However if you build a house in a very good and popular subdivision such as Ayala Alabang and the house fits into the area you should be able to sell it. Many houses are for sale in the better Manila subdivisions and there is a reasonable turnover. My friend managed to sell his house relatively easy for over 30 million pesos.

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Re: My House
« Reply #18 on: January 01, 2009, 01:32:35 PM »
There does seem to be a lot of confusion on the subject of foreigner land ownership even amongst lawyers. Like most things in law, it could be open to interpretation by a judge.  Perhaps a \'reasonable time\' could be interpreted as the remaining life of the husband. I don\'t believe that if I inherited land I could pass it on to my non Filipino children but our attorney did seem fairly positive on the subject. At the end of the day, most of this is irrelevant to most of us anyway  ;D

Colin

Offline Manila Cockney

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Re: My House
« Reply #19 on: January 01, 2009, 02:36:59 PM »
There does seem to be a lot of confusion on the subject of foreigner land ownership even amongst lawyers. Like most things in law, it could be open to interpretation by a judge.  Perhaps a \'reasonable time\' could be interpreted as the remaining life of the husband. I don\'t believe that if I inherited land I could pass it on to my non Filipino children but our attorney did seem fairly positive on the subject. At the end of the day, most of this is irrelevant to most of us anyway  ;D

Colin


There is nothing in the law that says you have to sell it in a reasonable time.  We went through this back in September, this is the thread.

http://livinginthephilippines.com/forum/index.php/topic,1870.15.html


Offline Steve & Myrlita

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  • Myrlita & I and all of our grandchildren.
Re: My House
« Reply #20 on: January 01, 2009, 04:26:03 PM »
As I read and interpreted the law, the law of succession only applies to natural born Filipino citizens only, not foreigners. If I was Filipino, everything she owned, the property, bank accounts etc,  would be mine no discussion. But, being a foreigner, under the law, her brother and sister would receive the property and bank accounts. Any major purchases my wife made to give me they could sue me for in court and would win. For their claim would be that under succession, it was rightfully theirs in the 1st place, not mine. All I would get out of it would be my 13A canceled and offered a 9A or deportation. Remember, here foreigners have absolutely no rights whatsoever.   God Bless..
Thank you...God Bless...
Bro Steve & Sis Myrlita
Bacolod City, PH
***********************
*** RIP MY FRIEND LEE ***
***       RIP DON H        ***
***********************

Offline ricemannv

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Re: My House
« Reply #21 on: January 01, 2009, 07:45:36 PM »
As I read and interpreted the law, the law of succession only applies to natural born Filipino citizens only, not foreigners. If I was Filipino, everything she owned, the property, bank accounts etc,  would be mine no discussion. But, being a foreigner, under the law, her brother and sister would receive the property and bank accounts. Any major purchases my wife made to give me they could sue me for in court and would win. For their claim would be that under succession, it was rightfully theirs in the 1st place, not mine. All I would get out of it would be my 13A canceled and offered a 9A or deportation. Remember, here foreigners have absolutely no rights whatsoever.   God Bless..

Ah.....no I don\'t think so, but I\'m sure you believe it.